Brazil's explosive efforts for expediting patent examination & reducing remained applications
Sep 23, 2019

Brazil's explosive efforts for expediting patent examination & reducing remained applications

Brazil's intellectual property policy makers, for revitalizing the country's patent system, are trying to speed up the current patent process and prevent more increasing in unexamined patent applications. The new plan’s goal is reducing the accumulation of applications by 80% by 2021 and decreasing the average evaluation time from 11 years to 2 years.

In recent decades, a significant number of patent applications have accumulated at the Brazilian National Institute of Industrial Property "INPI". This problem has diminished the appeal of the country's patent system for huge portion of applicants. INPI in cooperation with Brazilian Special Secretariat for Productivity, Employment and Competitiveness (part of the country’s Ministry of Economy) have defined a set of activities for diminishing bureaucracy of patent examination and saving more costs and time.

In a recent World Intellectual Property Organization report, named the World Innovation Index 2019, Brazil was ranked 66th out of 129 countries. It shows the country is staying away of its competitors in BRICS (Russia, India, China and South Africa).

There is no proper cooperation between government, the private sector, and universities, known as the triple helix, in Brazil. This lag has created a kind of uncertainty about investing in research and development activities. It should be considered that Brazil has fallen two steps compared to the GII 2018 report, which approved the inappropriate cooperation between innovation ecosystem actors in the country.

Despite Brazil's relatively improper situation in the field of technology and innovation, evidence suggests that the country has been working hard to promote innovation and technology in its industry and various economic sectors.  In recent years, the country has implemented numerous programs to reduce the required time for filing and evaluating patent applications, including "hiring more examiners", "optimizing and controlling internal processes", "providing policies to encourage companies", "improving document’s scanning and storage process", “implementing fast-track examination programs in fields like green patents, healthcare products, SMEs programs, PPH projects and etc." and cooperation with communities like CAS (part of the American Chemical Society) to improve patent evaluation process. All of these activities have reduced the patent process time from 11.5 years to 8 years; however, there is a significant gap to accessing to 2 years as the country’s goal. The Brazilian government has also provided an emergency law to grant more than 231,000 patent applications by 2020, without examination. The urgent action, named as a "brilliant solution", will provide new conditions on Brazilian technological companies.

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